Special needs son on 504 plan transportation question?

Question

My son will be starting the school year in the fall with a Section 504 plan in place. We already have it from the school. He will be six starting in Kindergarten. He currently goes to a wonderful home based preschool in the next town over. The town is in a different school district. I am having problems finding him another day care that will accept him. His teacher, his counsellor and I think that it will be tragic for him to go to another daycare when school begins, and honestly I am having a lot of problems finding another one whom will accept him. We went to one to interview and he did not like it at all.

Today his provider came up with the idea that I ask the school if they could transport him from school to her house. Reminder it is in the next town not the same school district. Does anybody know if or how I could get them to do this?

He recieves SSI for his diagnosis of Mood Disorder, and this is what his 504 plan is based on.

Answer 1

My history first. I was one of the first kids in my area to use 504.  I started school in the early 70s. Even though my schools were nearby it was a  struggle for my late mother to get a school bus to take me. I am in a wheelchair. We ended up using taxis and  the police for my first couple of years in grade school. Then by the grace of God, the Board of Ed got enough money to request a wheelchair company, then our local Bus company which was privately owned to aquire a small bus and fix it up with a ramp and seatbelt afixed to the inside frame. You remind them of the Disability act. No matter what your son falls under that act. They don't comply they are in violation of that act. You can call your local and US congresspersons and even some of your senators. They can help. It is the Law!!

Answer 2

I would look on the Wright's Law Website under transportation and see what specifically the law states.  My son is provided transportation from school to an outside occupational therapist but he is on an IEP.  I am not sure re: 504.

Good Luck

Answer 3

It is up to the school district to accept him or not.  

Once accepted by the school district request an IEP be written immediately.  During that meeting, insist that the team grant him the right to  special transportation due to his disability and your concern for him.

As part of the team and the parent, special transportation can be granted.  If the school district accepts him, they have to follow the IEP--if not you can then appeal to the State or federal government special education for support and enforcement.

Answer 4

A child either has an IEP or qualifies 504, it is never both.

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. Section 504 is a civil rights law. It ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.

Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.

While transportation is a valid accommodation for an IEP, it would not be covered under the auspices of 504 which is unfunded. So, unless the school system has a bus that goes to the other town, the answer is no.

Answer 5

Typically the schools responsibility ends at the district lines - even if the student is on an IEP or getting special services.  I would suggest that you go through your County Social Services as they may have some ideas.

Keep in mind that a 504 only covers school accomodations.  So if an Individualized Education Plan (IEP) would not cover transportation - can't imagine that will either.

Perhaps you could enroll in the school district where your day care is - that might be the easiest.

Answer 6

i believe you can get transportation with a 504-

but usually they will only transport within the town or to the school itself if it is out of district.  You may need to hire a private driver to transport-things like that are the reason for SSI.

Answer 7

I would call the 800 number on your IDEA get your area rep. to help guide you with the answers needed. They are very helpful in finding the answers to what you will qualify for or led you in the direction you need to go.

Answer 8

Your 504 team needs to meet, and you need to bring letters from his therapist (or better yet, the therapist in person) stating that this is a necessary accommodation, and there are no other options.  

I'm not sure about the limitations of a 504 on transportation, but I know that via my son's IEP that we were able to negotiate transportation to a neighboring district for the only afterschool care program that would accommodate his mood disorder.  

If you do wind up having to change afterschool caregivers, then I highly suggest a program that receives federal funds.  A federally funded program cannot refuse your child, must accomodate his special needs, and cannot kick him out due to behavior related to his disability.

Answer 9

No, you will not get "special transportation" with a 504.  

He must have an IEP for this to happen.

When was the last time he was assessed?  It is possible that whatever he has may have changed.  Mood disorder sounds rather generic and unfortunately is NOT one of the disabilities covered under IDEA, the law governing the IEP document and special education services.

Answer 10

The school system is neither likely nor required to give you special transportation to accommodate day care arrangements.They are not required to give you any guarantees of his school assignment.  Only that he will receive free and appropriate education.

You can pay for him to attend the other school system and the bus could drop him off at daycare in the afternoon.  Fees for going to another county is usually quite small - possibly less than $100 a quarter.  

Sorry to be the bearer of bad news.